"Discovery" is very confusing

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thepenguinpitt
Posts: 45
Joined: Sat Dec 15, 2012 2:10 pm

"Discovery" is very confusing

Postby thepenguinpitt » Mon Jun 03, 2013 1:33 am

When my lawyer sent me the discovery documents given to them by CPS I was very confused. Why would they only use old police cases from 14 or more years ago to prove that we neglected our children 6 months ago? The old cases were stuff like getting in a fight with my boyfriend over 20 years ago before I ever even had children, totally irrelevant stuff. They did not include anything at all from the case file in their discovery, nothing. Will old stuff I did when I was younger and used to drink , I quit drinking over 14 years ago, really be enough for them to win or are they pulling some kind of trick, or do they not have anything they can use that is current? And what are they allowed to redact from the case file? I thought they could only take out phone numbers, addresses, names, stuff that could put someone in danger. There are spots in the case file where 5 or more pages in a row are missing. And tons of pages where the whole page is blacked out. If I tell the judge about this will she order CPS to give us the missing pages? Any help is greatly appreciated. :?:

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family_man
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Location: TX

Re: "Discovery" is very confusing

Postby family_man » Mon Jun 03, 2013 6:00 am

CPS is playing games with you. However, neither side can communicate directly with the judge. Everything has to be done through motions. Your attorney could file a motion to have the judge review the redactions and to redact less. A copy of this motion would have to served to all parties in the case, including CPS. The CPS attorney could file his objections to the motion. The judge may issue her ruling out of court or may schedule a hearing to hear oral arguments in the matter. After all of this the judge may order less information to be redacted, or let things stand where they are.

Things like personal financial records, and the identities of people filing reports of harm need to be redacted. Unless of course the reporters are called as witnesses.
Disclaimer: I am not an attorney, and this is not legal advice.


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